[HISTORY: Adopted by the Board of Trustees
of the Village of Hamilton as indicated in article histories Amendments
noted where applicable.]
[Adopted 7-26-1983 by L.L. No. 1-1983]
[Amended 1-14-1992 by L.L. No. 1-1992]
A.
The Code Enforcement Officer of the Village of Hamilton
shall inspect all allegedly unsafe or unsanitary buildings and collapsed
structures within the Village of Hamilton forthwith upon receiving
information concerning such buildings and structures and shall make
a written report of his findings to the Village Board at its next
meeting.
B.
The required report of the Code Enforcement Officer
shall include recommendations to remedy such unsatisfactory situations
as may exist. If said complaint concerns an unsanitary condition,
the County Board of Health shall be requested to make an inspection
and report to the Code Enforcement Officer for inclusion in his report.
A.
The Village Board shall, upon receiving the required
report:
(1)
Make an inspection, accompanied by the Code Enforcement
Officer, of the reported situation.
[Amended 1-14-1992 by L.L. No. 1-1992]
(2)
Notify the property owner or his legal representative
that a complaint concerning his property has been received and investigated,
that resulting reports and recommendations will be considered at a
stated regular meeting of the Village Board and that the presence
of the property owner or his legal representative is requested at
the stated meeting.
B.
The Village Board shall consider the findings of the
Code Enforcement Officer's report and recommendations, the Village
Board investigation and such pertinent information brought forth at
stated meeting, and if it determines that the building is unsafe or
unsanitary or the structure is collapsed or dangerous, the Village
Board shall cause to be entered in its minutes an order requiring
such building or structure to be specified.
[Amended 1-14-1992 by L.L. No. 1-1992]
C.
The Village Board, in each case, determines the amount
of time to be allowed for making such building or structure safe or
sanitary or secure or for removing it and shall allow a reasonable
time therefor.
D.
A notice, together with a certified copy of such order,
shall be served on the owner or some one of the owner's executors,
legal representatives, agents, lessees or any other person having
vested or contingent interest in the premises, either personally or
by registered mail, addressed to the last known address, if any, of
the owner or some one of the owner's executors, legal representatives,
agents, lessees or other persons having a vested or contingent interest
in the premises as shown by records of the Receiver of Taxes and/or
in the office of the County Clerk, containing a description of the
premises and a statement of the particulars in which the building
or structure is unsafe, unsanitary or collapsed or dangerous; if such
notice is served by registered mail, a copy of such notice and order
shall be posted on the premises.
A.
In the event of neglect or refusal of the person served
with the notice to comply with the order of the Village Board requiring
such building or structures to be made safe, sanitary or secure or
removed, the Village Board shall cause a survey of such premises to
be made.
B.
The Village Board shall designate an inspector and
an architect to make such survey.
C.
The Village Clerk shall notify the person served with
the original notice that a survey has been directed to be made by
the Village Board. Such notice of survey shall state that a survey
will be made by the person designated by the Village Board on a date
specified in such notice and that said person may nominate a builder,
engineer or architect to assist in the making of such survey; such
notice of survey shall be served by registered mail.
D.
In the event of refusal or neglect of the person so
notified to appoint such surveyor, the inspector and architect designated
by the Village Board shall make the survey and report.
E.
Such notice of survey shall state that in the event
the building or structure shall be collapsed or dangerous, an application
will be made at a Special Term of the Supreme Court in the Judicial
District in which the property is located for an order determining
the building or structure to be a public nuisance and directing that
it shall be repaired and secured or taken down and removed.
F.
A certified copy of the report of survey shall be
served by registered mail upon the person originally notified, and
a similar copy shall be posted on the building or structure.
All costs and expenses incurred by the Village
Board in connection with proceedings to remove or secure an unsafe
or unsanitary building or collapsed or dangerous structure, including
the cost of actually removing said building or structure, shall be
assessed against the land on which said building or structure is located.
[Amended 1-14-1992 by L.L. No. 1-1992]
[Adopted 5-10-1984 by L.L. No. 3-1984]
It is the finding of the Board of Trustees of
the Village of Hamilton that the existence of abandoned and unattended
buildings or parts of buildings within the Village of Hamilton, which
may or may not be structurally sound, constitute a danger and a threat
to the safety, health, comfort and general welfare of this Village.
It is thus the intent of this article to provide for the protection
of property, the preservation of peace and good order, the suppression
of vice, the benefit of trade and the preservation and protection
of public works as provided by Article 4, § 4-412 of the
Village Law.
The following words and phrases, as used in
this article, shall have the meaning hereinafter ascribed to them;
all other words and phrases shall have the meaning normally ascribed
to them:
The duly elected and constituted Board of Trustees of the
Village.
House, shed, fence or other man-made structure or part of
any such house, shed, fence or structure.
The Incorporated Village of Hamilton.
For the purposes of this article, a dangerous
building is declared to be:
A.
Any building which is dangerous to the public health,
safety and general welfare because of its condition and which may
cause or aid in the spread of disease or injury to the health, safety
or general welfare of the occupants of it or of neighboring buildings;
or
B.
Any building which, because of lack of proper repair,
construction or supervision, constitutes or creates a fire hazard;
or
C.
Any building which, because of its condition or because
of a lack of proper windows or doors, is available to and frequented
by malefactors or disorderly persons.
[Amended 1-14-1992 by L.L. No. 1-1992]
Whenever the Board of Trustees shall have reasonable
cause to believe that any building in the Village is a dangerous building,
a statement setting forth such facts shall be filed by the Mayor with
the Village Clerk. The Clerk shall thereupon cause written notice
to be served upon the owner thereof and upon the occupant thereof,
if any, by registered mail or by personal service. Such notice shall
state that the building has been declared a dangerous building and
that necessary repairs or improvements must be begun within 15 days
after service of such notice or such person or persons will be charged
with a violation of this article. Such notice shall be in substantially
the following form:
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To:
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From: The Board of Trustees, Village of Hamilton
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You are hereby notified that the Board of Trustees of the Village of Hamilton has determined that the building owned by you and located at _______________________________________, has been declared a dangerous building as provided for and defined in Ch. 44, Art. II, of the Village Code, in that (herein insert particulars) after inspection by the Code Enforcement Officer. In accordance with the provisions of such article, you are hereby directed to begin all necessary repairs or improvements within 15 days after service of this notice. Failure to so comply will result in a violation of Ch. 44, Art. II, of the Village Code, which provides for a penalty, upon conviction, of a fine and/or imprisonment for each week of such violation.
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[Amended 1-14-1992 by L.L. No. 1-1992]
In addition to serving notice on the owner as provided in § 44-10 above, the Board of Trustees may, if it determines that the purposes of this article will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner referred to in § 44-10 above.
